Eagle View Technologies, Inc. v. Xactware Solutions, Inc.

MEMORANDUM

Plaintiff-Appellant Eagle View Technologies, Inc. (“Eagle View”) appeals from the district court’s order granting its motion for a preliminary injunction, but limiting the duration of that injunction to sixty days. Eagle View appeals only the sixty-day limitation, pursuant to which the preliminary injunction would have expired on February 18, 2013. On January 23, 2013, a motions panel of this court stayed the expiration of the preliminary injunction pending this appeal. We affirm in part and reverse in part.

We need not decide whether defendant-appellee Xactware Solutions, Inc. (“Xact-ware”) can challenge the district court’s grant of injunctive relief absent a cross-appeal, because we conclude that the district court did not abuse its discretion in finding that Eagle View made a sufficient showing to warrant that relief. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008) (citations omitted). Moreover, on the limited record before us, we simply cannot hold that preliminary injunctive relief is inappropriate for any of the various collateral grounds Xactware asserts in its papers, such as equitable estoppel, unclean…